24 hours Notice of Termination for Substantial Damage to Leased Premises - Residential
This statute enables Landlord to terminate a Lease on 24-hour notice
to a residential Tenant if Tenant has caused substantial damage to the
premises.
Title 34, Sec. 34.03.220:
Noncompliance with rental agreement:
Failure to pay rent.
(a) Except as provided in this chapter,
(1) if the tenant or someone in the tenant's
control deliberately inflicts substantial damage to the premises in breach
of AS 34.03.120(a)(5), the landlord may deliver a written notice to quit
to the tenant under AS 09.45.100 - 09.45.105 specifying the act constituting
the breach and specifying that the rental agreement will terminate upon
a date that is not less than 24 hours after service of the notice; for
purposes of this paragraph, damage to premises is "substantial" if the
loss, destruction, or defacement of property attributable to the deliberate
infliction of damage to the premises exceeds $400;
(2) if there is a material noncompliance
by the tenant with the rental agreement, or if there is noncompliance with
AS 34.03.120 , other than deliberate infliction of substantial damage to
the premises or other than noncompliance as to a utility service for which
the provisions of
(e) of this section apply, materially
affecting health and safety, the landlord may deliver a written notice
to quit to the tenant under AS 09.45.100 - 09.45.110 specifying the acts
and omissions constituting the breach and specifying that the rental agreement
will terminate upon a date not less than 10 days after service of the notice;
if the breach is not remedied, the rental agreement terminates as provided
in the notice subject to the provisions of this section; if the breach
is remediable by repairs or the payment of damages or otherwise and the
tenant adequately remedies the breach before the date specified in the
notice, the rental agreement will not terminate; in the absence of due
care by the tenant, if substantially the same act or omission that constituted
a prior noncompliance of which notice was given recurs within six months,
the landlord may terminate the rental agreement upon at least five days
written notice to quit specifying the breach and the date of termination
of the rental agreement.
(b) If rent is unpaid when due and the
tenant fails to pay rent in full within seven days after written notice
by the landlord of nonpayment and the intention to terminate the rental
agreement if the rent is not paid within that period of time, the tenancy
terminates unless the landlord agrees to allow the tenant to remain in
occupancy, and the landlord may terminate the rental agreement and immediately
recover possession of the rental unit. Only one written notice of default
need be given the tenant by the landlord as to any one default. A landlord
who has given written notice to the tenant under this subsection may accept
a partial payment of the rent due under the rental agreement and extend
the date for the eviction accordingly.
(c) Except as provided in this chapter,
the landlord may recover actual damages and obtain injunctive relief for
any noncompliance by the tenant with the rental agreement or AS 34.03.120
.
(d) An order of abatement entered by a
court under AS 09.50.170 terminates a rental agreement on the premises
subject to the order of abatement.
(e) If a public utility providing electricity,
natural gas, or water to the premises occupied by the tenant discontinues
the service to the premises due to the failure of the tenant to pay for
the utility service, the landlord may deliver a written notice to quit to the
tenant advising that, notwithstanding (a) of this section, the tenancy
will terminate five days after the landlord's service of the notice. If,
within three days from the service of the notice, the tenant reinstates
the discontinued service and repays the landlord for any amounts paid by
the landlord to reinstate service, and if damage did not occur to the rental
unit as a result of the discontinuance of service, the rental agreement
will not terminate. However, in the absence of due care by the tenant,
if substantially the same act or omission that constituted a prior noncompliance
under this subsection for which notice was given recurs within six months,
the landlord may terminate the rental agreement upon at least three days'
written notice specifying the breach and the date of termination of the
rental agreement.
(f) A person whose use of premises is based
solely on rights acquired by a tenant, and who has not individually acquired
the rights of a tenant under this chapter, does not acquire rights under
this chapter as a result of being present on the premises.